Guwahati Court February 2004 Judgments
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Vanlalven and anr. Vs. State of Manipur
Court: Guwahati
Decided on: Feb-27-2004
P.G. Agarwal, J.1. This Criminal Appeal is directed against the Judgment and Order passed by the Addl. Sessions Judge, Manipur West, Imphal in Sessions trial Case No. 4/95 whereby the two accused-appellants Vanlalven and Nengliankhum were convicted for the offence Under Section 302 read with Section 34 IPC and sentenced to imprisonment for life.2. Mr. A, Nilamani Singh, learned Sr. Advocate assisted by Mr. A. Bimol have raised a preliminary objection regarding legality of the trial and it is submitted that before hearing the appeal on merit, the preliminary point raised by them may be considered and necessary order may be passed. We have heard the learned Senior Advocate and the learned P.P.3. It is submitted that in the present trial, the learned trial court did not held the trial in accordance with law in the sense that the provisions of Section 232 and 233 Cr.PC were not complied with and the accused persons were not given and opportunity to enter into defence. Section 232 and 233 ...
Smt. Anjali Debi Thapa and ors. Vs. Smt. Sandhya Debi Thapa
Court: Guwahati
Decided on: Feb-27-2004
T. Vaiphei, J.1. Both these Second Appeals filed by the same appellants and directed against the same judgment and decree dated 17-1-2000 passed by the Ld. District Judge, West Tripura in Title Appeal No. 31 of 1998 are heard together and are being disposed of by a common judgment.2. The materials facts relevant for disposal of the appeals may be briefly stated. The plaintiff respondent (hereinafter referred to as 'the respondent'), namely, Smt. Sandhya Devi Thapa filed title Suit No. 38/ 95 in the Court of the Civil Judge (Jr. Divn.), Court No. 2, Agartala for a declaration that the suit land (described in Schedule 'A(3)' to the plaint) was given to her as her share by way of a family arrangement with effect from 1985 and also for mandatory injunction directing the defendant-appellants (hereinafter called 'the appellants') to remove the structure standing on the suit land. It is the case of the respondent that she is the daughter of Smt. Janaki Debt Thapa, the original Defendant No. ...
Khagendra Nath Talukdar Vs. State of Assam and ors.
Court: Guwahati
Decided on: Feb-27-2004
B.K. Sharma, J. 1. The petitioner while was serving as Junior Engineer under the respondents was issued with a charge sheet dated 8.4.86. The charges framed against the petitioner are as follows : '1. That while you worked as sectional officer of the store under the S.D.O., P.W.D., M.C.C. Sub-Division No. 1 Gauhati various sizes of iron materials worth of Rs. 1,07,045.80 (Rupees one lakh seven thousand and forty five and paisa eighty) only was found short the cause of the shortage of storage materials is due to you negligence in Govt. duty and you have intentionally misused the Govt. property. So you are charged for the dereliction of Govt. duty and misused the Govt. property. 2. While you were in-charge of the store, the losses with Rs 1,07,045.80 occur during your incumbency, when the physical verification done by E.E.M.C.C. Division which you have not reported to the S.D.O. or E.E.M.C.C. Division. You are therefore charged for concealment of fact with motive behind and misappropri...
J. Lalremruata and ors. Vs. State of Mizoram and ors.
Court: Guwahati
Decided on: Feb-27-2004
P.P. Naolekar, C.J. 1. The facts relevant to this case are that the petitioners were selected by the respondent Government of Mizoram to undergo training of the course of Diploma in Engineering under different disciplines at HIET (Hindustan Institute of Engineering and Technology) sometimes in the year 1982 to 1985. That after successful completion of the Diploma course in engineering under different disciplines from HIET, the petitioners on coming back to Mizoram were appointed as Junior Engineer Grade-II on ad-hoc basis on different dates between 1985 and 1987.2. The petitioners' appointments were made under the Rules known as The Mizoram PWD (Class-III Posts) Recruitment Rules, 1975', which provides that for appointment to the post of Junior Engineer/Overseer Grade-II the educational qualification required is Matriculate/Higher Secondary with study upto the final year of diploma course, while the educational qualification required for appointment to the post of Junior Engineer/Over...
Tarun Kr. Deb and anr. Vs. State of Assam and ors.
Court: Guwahati
Decided on: Feb-27-2004
B.K. Sharma, J. 1. These two writ petitions involve same set of facts by and between the same parties and the reliefs sought for are also the same. Thus they are taken up together for decision and disposal.2. As per the disclosures made in the writ petition the petitioners are engaged in business and they are lawful lessee in respect of a plot of land covered by Dag No. 207 (old) 252 (new) under patta No. 99. In the year 1950 they constructed a RCC building consisting of ground floor upon the aforesaid plot of land in the name and style of M/s Deb Building. In 1970, remaining portion of the building was constructed. It is the case of the petitioners that the said building has been rented out to various parties and in the first floor, a branch of a nationalised Bank namely, 'Bank of India' is located.3. According to the averments made in W.P.(C) No. 872/04, sometime in the year 1986 the respondent No. 6 approached the petitioners for temporary accommodation for a period of 3 months for...
Abul Kalam Azad Vs. B.S.N.L. and ors.
Court: Guwahati
Decided on: Feb-27-2004
Ranjan Gogoi, J. 1. Tenders for the work of carriage of tower materials (40 meters x 60 meters) by mechanical transport from Jabalpur to different places in Assam were invited from eligible contractors by the Executive Engineer (C), BSNL, Civil Division, Guwahati. The estimated cost of the work was mentioned in the NIT to be Rs. 25,64,929.00. The time limit for completion was stipulated as one month. Under the NIT, a tenderer, to be eligible for consideration, was required to have satisfactorily and successfully completed at least three similar works each not less than Rs. 8.50 lakh under the Central Government/State Government or Public Sector Undertakings during the last one year. In the NIT, it was further stipulated that a tenderer would be required to deposit Rs. 5 lakhs as guarantee money apart from earnest money.2. The writ petitioner being aggrieved by the incorporation of the above noted two conditions in the NIT, has instituted the present writ petition contending that the s...
Utpal Sharma Vs. State of Assam
Court: Guwahati
Decided on: Feb-27-2004
A.H. Saikia, J. 1. Heard Mr. B. C. Das, learned counsel for the petitioner. Also heard Mr. F. H. Laskar, learned PP, Assam.2. The petitioner has moved this application under Section 438 Cr.PC for the second time apprehending arrest in connection with Jalukbari. P.S. Case No. 352/03 registered Under Section 458/427/506/34 IPC. In paragraphs 5 and 6 of this application he has fairly mentioned that on earlier occasion, an application for pre-arrest bail, commonly termed as anticipatory bail, was preferred but the same was rejected by this court and this second application has been filed on a fresh ground stating that he has been suffering from severe infection of Hepatitis with peptic ulcer disease for which Doctor has advised him for immediate hospitalization,3. The new change of circumstances or development of fresh situation, after rejection or disposal of an application filed under Section 438 Cr.PC earlier, cannot be accepted as a ground for filing a second application for pre-arr...
Mahendra Bherihar Vs. North Eastern Coal Fields and ors.
Court: Guwahati
Decided on: Feb-25-2004
Ranjan Gogoi, J. 1. The writ petitioner joined service as a Mazdoor in the Tipong Colliery under the North Eastern Coal Fields in the year 1966. The aforesaid colliery was owned, at the relevant point of time, by the Assam Railways and Trading Company. After the Coal Mines Nationalisation Act was enacted in the Parliament in the year 1973, the colliery in question was taken over by the Central Government and it was re-vested in Coal India Limited. Under the scheme framed under the provisions of the statute with regard to the service of the existing employees, the services of the petitioner stood transferred to the respondent-organisation i.e. Coal India Limited. At the time of his entry into service, in the Service records prepared by the employer, the date of birth of the petitioner was recorded as 1.7.1940. The service record of all the employees of the Coal India Limited were entered into their respective service books in the year 1987 and all service particulars were sent to the e...
Hamida Khatun and ors. Vs. Loobha Tea Co. Ltd. and ors.
Court: Guwahati
Decided on: Feb-24-2004
Amitava Roy, J.1. All these appeals arise out of a common award dated 16.6.2000 passed by the learned Member, Motor Accidents Claims Tribunal, Cachar, Silchar.2. MAC Appeal Nos. 81-86/2000 have been filed by the claimants for enhancement of the quantum of compensation awarded, whereas MAC Appeal Nos. 97-106/2000 have been preferred by the insurer of the offending vehicle namely National Insurance Company Limited questioning the finding of the learned Tribunal that the insurer was liable to pay the compensation though, according to it, due to the breach of the conditions of the policy such a liability could not be imposed on it. The appeals were heard together as a common question of law was involved and are being disposed of by this common judgment and order.3. We have heard Mr. T. Das, Advocate for the claimants, Mr. SS Sharma, Advocate for the insurer and Mr. N Choudhury, Advocate for the owner of the vehicle namely, M/s Loobha Tea CompanyLimited.4. Briefly stated, the relevant fact...
Union of India (Uoi) and ors. Vs. Bhanu Lodh and ors. Overruled
Court: Guwahati
Decided on: Feb-23-2004
T. Vaiphei, J.1. All the three writ appeals being directed against the same impugned Judgment and Order, are taken up together and disposed of the same by this common Judgment and Order.2. The facts of the case are no longer in dispute, which may be briefly stated for disposal of the appeals :-The Food Corporation of India (hereinafter called 'FCI' for short) is constituted under the Food Corporation Act, 1964 (hereinafter called the 'Act') for dealing with procurement/purchase of food grains and selling of the same through the different State Governments in order to facilitate the public distribution system smoothly. The appellants floated an advertisement in the Employment News Weekly in its issue, dated 6-12 November, 1993, for recruitment to the posts of Deputy Manager (General Administration), Joint Manager etc. Pursuant to this advertisement, the writ petitioner, who is appellant in W.A. No. 102/2002, was one of the candidates, who had applied for the post of Deputy Manager (Gen...
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